928.09 STORAGE TANKS AND PIPELINES.
   (a)   No above-ground or underground storage tank, or pipeline which contains or has contained in the past, a regulated substance shall be used in Wellfield Protection Area I or Wellfield Protection Area II without the approval of the Water Superintendent, which approval shall be in accordance with the standards established by federal, state, and local laws, regulations or orders. The Water Superintendent shall determine whether the tanks or pipelines meet these standards and safety requirements of subsection (a)(1) and (2) below and shall make sure determination within sixty (60) days of the submission of a certificate to him/her. If the Water Superintendent does not act within sixty (60) days of submission of the certification, the tanks or pipelines shall be deemed denied. A registered professional engineer shall certify that all tank and pipeline systems are in compliance with applicable federal and/or state regulations governing such tank and pipeline systems which system shall include:
      (1)   Adequate facilities to monitor and prevent regulated substances from leaching into the subsurface and impacting the groundwater quality.
      (2)   A containment berm to retain two hundred (200) percent of the volume of the regulated substance contained in any aboveground storage tanks and secondary containment systems for underground storage tanks, and pipelines.
      (3)   Facilities with a total above ground storage capacity of more than one thousand three hundred twenty gallons (1,320) gallons; single above ground tanks with storage capacity of more than six hundred sixty (660) gallons; and facilities with a combined underground storage capacity greater than forty thousand (40,000) gallons shall comply with the Spill Pretension Control and Countermeasures (CPCC) regulations require owners or operators of certain ground storage facilities to prepare and comply with written, site-specific, spill prevention plans per EPA US 40 CFR Part 112.
   (b)   The engineering plans shall show the location of all storage tanks and pipelines used for regulated substances, and how the storage tanks and pipelines will be developed to contain spills and prevent groundwater contamination. These materials shall be contained in an environmental audit to be provided pursuant to Section 928.08(d) hereof.
   (c)   All storage tanks and pipelines existing prior to the effective date of this chapter which contain or have contained a regulated substance, which do not have secondary containment and monitoring installed shall be modified or replaced so to comply with this section, or removed, within one (1) year of the effective date of this chapter. All storage tanks and pipelines existing prior to the effective date of this section which have previously been approved by the Water Superintendent and which comply with the standards set forth in this section, shall be deemed to be approved by the Water Superintendent, unless the tanks or pipelines have been modified since the original approval by the Water Superintendent.
(Ord. 175(14-15). Passed 11-6-14.)